The Regular Meeting of the Town Board of the Town of Macedon held January 24, 2002 at the Town Complex, 1675 North Wayneport Road, in the Town of Macedon, was called to order by Supervisor William E. Hammond at 7:30 p.m.

Pledge of Allegiance.

Upon Roll Call, the following members of the Board were present:
                                               Councilperson………………Dean Collins
                                               Councilperson………………Paul Kenyon
                                               Councilperson………………David Maul
                                               Councilperson………………Kenneth Nawrocki
                                               Supervisor…………………..William Hammond

Also Present:
                                               Attorney…………………….Anthony Villani
                                               Town Clerk…………………Judy Gravino

CORRESPONDENCE – The Supervisor presented the following:

q Supervisor Hammond read a letter from Kaiti Cullerton suggesting the Farm Restaurant as a future location of a Community Center.  A list of individuals supporting this was submitted.
q A memo dated January 14, 2002 from Bob Diener listing the Wayne County IDA owned properties.
q Confirmation from the NYS Office of Real Property Services that the Town will be receiving $5.00 per parcel in State Aid.
q Kim Leonard’s response dated January 16, 2002 regarding procedures for paying recreation individuals.
q Wayne  County  NO  SMOKING POLICY – Local Law No. 3-2001
q A notice from WCIDA of a public hearing regarding a project for the use of Ankom Technology Corporation.  Assistance has been requested in the acquisition, construction and equipping of an approximately 10,000 square foot building on approximately 58.6-acre parcel of land located at 2052 O’Neil Road.  Ankom Technology Corporation conducts research, light manufacturing, assembly and distribution of laboratory instruments.
q Wayne County Tourism is offering a workshop and tradeshow program to promote businesses in Wayne, Seneca and Cayuga Counties.  Showcase 2002 will be held April 10, 2002 at the Sodus Bay Heights Restaurant at 10:00 a.m.
q A memo from Kim Leonard explaining the charge from BPD for photocopies.  Bond Counsel prepared 130-140 sets of the Official Statement for the Town of Macedon and sent them to prospective underwriters.   The charge was $.15/page.
q Keith and Susan Alexander expressed their support for the Macedon Recreation Program offered to kindergarten and first grade children on Saturday mornings at the Macedon Elementary School.

Frank Enos, 2330 Cornwall Drive – Asked about Waste Management expanding into Macedon and building a recreation center for the Town of Macedon in return.  Supervisor Hammond stated that there have been no discussions about a recreation building to allow Waste Management in Macedon.  Waste Management has expressed their desire to expand into Macedon.  There have been no deals.  We have met with our attorney so that we are ready.  Councilperson Maul stated that if it comes to that point there would be a lot of discussion.  The letter to the editor in the paper was absolutely false.

Don Reeners – Asked when the smoking rule will apply to the Town Barn and how it will be implemented. The question will be addressed when the Highway Superintendent arrives.

RESOLUTION NO. 51 (02)  YOUNG MINING PERMIT – AEY  ENT. – DAANSEN ROAD
RESOLVED that renewal is granted to Michael Young for a Mining Permit located
On the West Side of Daansen Road to expire December 31, 2002 subject to:
(1) The applicant shall secure a NYSDEC mining permit for operation prior to the issuance of a permit hereunder by the Town, and shall comply with all conditions imposed under said NYSDEC mining permit.
(2) The project shall be operated in accordance with the provisions of Section 135-173 of the Zoning Ordinance of the Town of Macedon, and in strict conformity with such other rules and regulations reasonably established and imposed by the Town Board from time to time, and the permit shall be revocable by the Town Board at any time that any of the terms and conditions referred to herein, or otherwise imposed, are not met.
(3) Permit renewal will be considered in December of 2002.  An annual inspection shall be required to be scheduled with the Town and design engineer by the Operators by October 10 of each year proceeding expiration of annual permit and applications be submitted in November prior to their December renewal date.  At the time of annual inspection and permit renewal any noise or similar complaints will be considered.
(4) Only that area described in the application and plans submitted shall be utilized.
(5) No topsoil shall be removed from the site.
 

NO. 3            PAGE 2
JANUARY 24, 2002

(6)  The site will be open for inspection at all times.  The Town Engineer and Code Enforcement Officer shall inspect the subject premises annually and file a written report of said inspection with the Town Clerk attesting to compliance and any and all other restrictions as may be imposed by the Town Board from time to time.
(7) The applicant shall provide the Town with a certificate of insurance naming the Town as an additional insured in an amount of one (1) million dollars per occurrence and two (2) million dollars aggregate.
(8) All utilities shall be underground.
(9) The permit shall be nontransferable.
(10) An applicant shall pay the Town Clerk a regulatory fee of four cents ($.04) per ton, minimum regulatory fee $300, of excavated material, including gravel, stone, topsoil, wood products and the like, removed from the applicant’s excavation premises during the previous year according to the applicant’s records, which shall be made available to the Town Board for inspection for the purpose of verifying the quantity of materials excavated and removed prior to renewal of permit.
(11) Updated plans showing current limits of excavation and phasing (if applicable), restoration progress outlining areas that have been reclaimed to date, etc. prior to renewal for the year 2004.  Updates will be required thereafter as deemed necessary by the Town Engineer or Code Enforcement Officer.
Special Conditions:
(1) Any and all conditions as addressed in the letter from the Town Engineers dated November 7, 2001
      must be complied with.
(2) Any and all conditions as addressed in the letter from Scott Allen, Code Enforcement Officer dated January 23, 2002 must be complied with.
MOTION BY MAUL,  SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO 52 (02)  NIVEN/HARRISON MINE  - MORRISON EXCAVATION - BARNES
                                              ROAD
RESOLVED that a Mining Permit is granted to Morrison Excavation for the Niven/Harrison Mine on the south side of Barnes Road to expire December 31, 2002 subject to:
(1) The applicant shall secure a NYSDEC mining permit for operation prior to the issuance of a permit hereunder by the Town, and shall comply with all conditions imposed under said NYSDEC mining permit.
(2) The project shall be operated in accordance with the provisions of Article XXI, 135-173 of the Zoning Ordinance of the Town of Macedon, and in strict conformity with such other rules and regulations reasonably established and imposed by the Town Board from time to time, and the permit shall be revocable by the Town Board at any time that any of the terms and conditions referred to herein, or otherwise imposed, are not met.
(3) Permit renewal will be considered in December of 2002.  An annual inspection shall be required to be scheduled with the Town and design engineer by the Operators by October 10 of each year preceding expiration of annual permit and applications shall be submitted in November prior to their December renewal date.  At the time of annual inspection and permit renewal any noise or similar complaints will be considered.
(4) Only that area described in the application and plans submitted shall be utilized.
(5) No topsoil shall be removed from the site.
(6) The site will be open for inspection at all times.  The Design Engineer shall inspect the subject premises semi-annually and file a written report of said inspection with the Town Clerk attesting to compliance and any and all other restrictions as may be imposed by the Town Board from time to time.
(7) Letter of Credit with the NYSDEC shall be valid and a copy of such on file with the Town Building Department.
(8) The applicant shall provide the Town with a certificate of insurance naming the Town as an additional insured in an amount of one (1) million dollars per occurrence and two (2) million dollars aggregate.
(9) All utilities shall be underground.
(10) The permit shall be nontransferable.
(11) An applicant shall pay the Town Clerk a regulatory fee of four cents ($.04) per ton, minimum regulatory fee of $300, of excavated material, including gravel, stone, topsoil, wood products and the like, removed from the applicant’s excavation premises during the previous year according to the applicant’s records, which shall be made available to the Town Board for inspection for the purpose of verifying the quantity of materials excavated and removed prior to renewal of permit.
Special Conditions:
(1) Updated plans showing current limits of excavation and phasing (if applicable), restoration progress
        outlining areas that have been reclaimed to date, etc. prior to next year’s renewal period (to be
        submitted no later than October 1, 1998).  Updates will be required every two (2) years for all active
        operations.  (Next update due October 1,2003)
(2) Mining operation should include phased reclamation in concert with the opening of additional phases of the mine operation.
(3) Access road gate to be lockable and locked during all non-business hours.
(4) Town Board waives the 150’ buffer requirement in regards to the common property line/boundary between Niven and Harrison as indicated on the site map in the Phase 4 and 5 areas.
 
 
 

NO. 3            PAGE 3
JANUARY 24, 2002

(5) Letters of Matthews Consulting to be incorporated as follows:
Mining Plan (6/19/97 and revised 8/25/97)
Reclamation (6/29/97 and revised 8/25/97)
Town Planning Board (8/25/97)
(6) Any and all conditions as addressed in the letter from Town Engineers dated November 7, 2001
(7) Subject to the installation of additional fencing and any other requirements addressed in the memo dated 1/17/02 from Scott Allen, Code Enforcement Officer/Town Engineer.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 53 (02)  PLANNING BOARD MEMBER APPOINTMENT - ROONEY
RESOLVED the Town Board appoints Kevin Rooney to the position of Planning Board Member effective January 24, 2002 at an annual salary of $1,344, term to expire December 31, 2004.  (Replacing Scott Allen)
MOTION BY KENYON,  SECONDED BY NAWROCKI
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 54 (02)AUTHORIZED SIGNERS
BE IT RESOLVED that the Town Board authorizes the change of signers to reflect the JP Morgan signature sheet dated January 24, 2002.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

Councilperson Maul reported that the Committee appointed to research the dissolution of the Village will meet on the 1st and 3rd Mondays beginning in February at the Village Hall.  These meeting are open to the public.

RESOLUTION NO. 55 (02)  NO SMOKING POLICY
BE IT RESOLVED the Town Board directs all Town Employees to comply with the Wayne County Local Law No. 2 of 2001.  (copy attached)
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

Councilperson Kenyon updated the Board on the scoreboard replacement for the Macedon Elementary School.  The Recreation Committee recommended repairing the current scoreboard and installing a guard to protect it.

Councilperson Collins gave a presentation on the proposed Town Hall/Library Facility.  The Board proposes to construct two  (2) facilities, a Town Hall and a new Library.  The plan is to build two (2) structures that are fairly similar.  In doing that we can save money in services and efforts that go on the site.  This is all conceptual.  Right now we are on a fact-finding mission.  We have an architect and interior designer on board.  Northlake Studios, the interior designer, met with Bill Hammond and Scott Allen to talk about the lay out.  Councilperson Collins met with the Library Board last Thursday night.  There was a unanimous vote for the new building.  He met with the long range planning board, architect and interior designer Tuesday night to find out how the Library operates, their needs and wants.  The goal is to have two (2) very similar buildings to save money and not duplicate services.  The buildings would be set at a V and tie the sidewalk from the Elementary School into the Town’s.  The sidewalk will run along the entire frontage.  There could possibly be a memorial with park benches.  A walkway will run between the two (2) buildings and perhaps a flag system.  The grades are fairly flat.  The Board has agreed to donate land to the School to loop their driveway.  The parking lot would be expanded and the hill will be graded back a little.  The structures would be split face block on the lower level and we are looking at brick.  There will be no structural walls inside the building.  They will be slab on grade.  There will be no basement due to the cost.  There is considerable space for a vault.   The buildings are actually designed in an H.  The wall could be kicked out and gain 800 square feet for storage at a minimal cost.  There will be storage space in the attic.  The barn will be coming down.  There is a possibility to expand in the future.  There will be a sprinkler system.  Councilperson Maul stated that the Board was previously informed that the town could not build a new structure for what we could buy one for.  Councilperson Collins informed the residents that these buildings were based on bids that were received this spring.  There were four (4) bids that were received within $10,000 of each other.  There were a total of 17 bidders.  If things fall into place the buildings could be up by the end of the year.   A large portion of the money would be insurance money.  We are about $500,000 short with the money that we have.   We would be looking for help.  The Library will approach the Rochester Foundation.  We need a Town Hall and we need a Library.  We are taking the insurance money and distributing it between the two (2) buildings.  The worst case scenario is that if we don’t have enough money to this scope then we bond it.  This should accommodate us for 50-75 years.  We want something to be proud of.  We are also looking into grant money.  We could build what we had with the insurance money but we are looking to the future.

NO. 3            PAGE 4
JANUARY 24, 2002

RESOLUTION NO. 56 (02)  TOWN HALL/LIBRARY – SJB SERVICES
RESOLVE to accept SJB Services, Inc. proposal, not to exceed $5,000 for subsurface exploration, geotechnical evaluation and construction monitoring services per letter dated January 22, 2002 to the Town Supervisor.
MOTION BY COLLINS,  SECONDED BY NAWROCKI
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 57 (02)  TOWN HALL/LIBRARY – MRB GROUP SERVICES
BE IT RESOLVED to hire MRB Group for professional services, total fee not to exceed $3,500, for boundary survey, setting iron stakes as needed, topographic survey of 7 ½ + acre parcel with sufficient overlap, furnish topographic survey in ACAD.DWG R2001 format, boundary survey map and parcel description as per January 24, 2002 letter to Scott Allen.
MOTION BY COLLINS,  SECONDED BY MAUL
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

Attorney Villani – Costich will re-survey the driveway for the Macedon Elementary School at 30 Main Street with the new diagonal.

RESOLUTION NO. 58 (02)  APPROVAL OF MINUTES
RESOLVED the minutes of January 10, 2002 be approved as presented.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

MOTION BY NAWROCKI,  SECONDED BY MAUL THAT THE MEETING BE ADJOURNED.  THE MEETING ADJOURNED AT 8:52 P.M.
 
 
 

       ________________________________________
      Judy W. Gravino, Town Clerk